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HomeMy WebLinkAbout171337 LAMAR COMPANIES LLC - PURCHASE ORDER - 3215373Fort Collins PURCHASE ORDER Date: 01/29/2015 Vendor: 171337 LAMAR COMPANIES LLC 2649 E MULBERRY ST, UNIT A20 FORT COLLINS CO 80524 PO Number Page 3215373 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/29/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Blanket Order for Advertising on bus benches and shelters City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 1 LOT LS 20,000.00 Total Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rchase Order Terms and Conditions Page 2 of 2 1. CObBa4ERC1ALDRTAILS. Tax exemptions. By statute the City of Fort Collins is exempt from vitae and local taxes. Our Exemption Number is 11, NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with The Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). advise any rights or rrmedies provided herein or by law, failure to promptly notify the Seller in the event of a match, fin acceptance ofor payment for good hereunder or approval of the design, shall not release Be Seller of Goods Rejected. GOODS REJECTED due to failure to area specifipr,ions, either when shipped or due as defects of my of file warranties or obligations of This purchase order aM shall not be deemed a waiver of any right of the damage in rensiL may he mumed to you for credit and me not to M replaced except upon receipt of wrinen purchaser to insist upon stein performance hareofor any of its rights or remedies as m any such goods. rr,.,dl. instructions film the City of Fort Collins. of when shipped, received or operated, as to any prior or srbsequmt default hereunder, not shall any puryorted oal modiftrdtion or rescission of this purchase order by The purchaser operate as a waiver, of my of The toms Impection. GOODS are subject m the City of Fort Collins inspection on animal. hereof. Final Acceptance. Receipt of the merchandise, services or enrapture, in response to this order can raul, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pan Collins. However, is is to he understood that FINAL Seller and The Purchaser recognize that in actml dramatic powder, overchargrs rcsuhing firmants, ogood ACCEPTANCE is dependent upon completion of all itppl iiable required es inspection procedures. violations are infect bone by the Purchaser. Theretofore, for cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fon Collins, ]Ora Wood St., Fan Collins, CO 80522, unless acquired under federal or slate antinust laws for such overcharges relating to the particular goods or services otherwise specified on this order Ifpepission is given to prtpay freight and charge repvately, The original freight purchased or acquired by The Purchaser pursuant to this purchase order. bill ta= accompany Invoice. Additional charges for puking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distaece. Where manufar,. have dutribming points inarmas puns of fe mptry, shipa.n, is Iffe Purchaser direr the Seller to garec, non comforranal, or defecavegoods by is date to be agreed upon by The expected form The nrarat distribution point to destination, and excess freight will he deducted fmm Invoice when Purchaser and The Selltt, and the Seller ferofter indicates IN ivmad y or unwillingmss to imply, The Pumhaacr shipments are made from greater dr unce. may prose The work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Returns. Sella shall procure in sellers sole cost all Treasury permits, certifiprles and licenses required by all applicable laws, regulations, ordinances and uld; f,he mile, municipality, territory or political subdivision warner The Seller shall release the Purchaser and its contractors of my net from all liability and claims of any nalum ,he work is perfoped,or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. " of vendor. Seller further agrees to hold the City of Fall Collins harmless from and against all liability and loss incurred by them by reason of an lesennl or ateblshed violation of my such loss, regulations, ordiavance , rates This release shall apply even in The event of fault of negligence of the pony released and shall extend to the and rtquirernews. direcmrs, oMr. and employees ofsuch party. Auforizsaion. All Fund. m this contract agree that The represenhtwes are, in fact, bons fide and possess Bull am The Sellers cam aril obligations, including wananty, shall not he domed to be reduced, in any way, because complete authority to hied said panes. such work is port eel or caused to be perfoped by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions soled herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refermee. Any additional or different temrs and conditions proposed by seller arc objected sea and hereby rejecod. 2. DELIVERY. PLEASE ADVISE PURC14ASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date as rated Time is of the rssen.. Delivery and perform.. muse he diapered within the time slated on the purchase order and The doemorns waselord herein. No sots of the purchasers metafng, without limitation, acceptance of putlal late deliveries, shall operate as a waiver of fis prevision. In That event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, The option ofplacing this order elsewhere and holding The Seller liable for damages. However, The Sella shall not be liable for damages as a malt of delays due to causes not rasonably foreseeable which are beyond its reasormble control and without its fault ofnegligence. such sets of God, acts of civil or military mfodtia, governmental priorities, fires, strikes, ilaod, epidemics, wars or Tints provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be external for the period equal m the time actually lost by rtamn of the delay. 3. WARRANTY. The Seller wvtmts that all goods, articles, materials and work raved by this under will confop with applicable drawings, spaifications, samples ardlor other dateriptions given, Will be, fit for The puryoses intended, and performed with The highest degree of care and competence in accordance with repeated standards for work of a ordsir name. The Seller agrees to hold the purchaser hapless from any loss, damage or expense which The Purchaser may sri&r or incur on account of the Sellers breach of warranty. The Seller shall rephm, repair or make good, without cost to the purchaser, any defect or faults arising within one (I) year or within such longer period of time as may he Indented by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods fmisbed hereunder (acceplance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by The Seller. Acceptance or use of goods by The Punchaer shall not complex, a waiver of my claim under This wananty. Except as oferwise provided in This purchase order, The Sellers liability M1ererMer shall extend to all dmnag, proximately mused by The breach army turner foregoing warranties or guarantees, but such liability shall in No event include loss of punts or Imss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. the Pumhaer may make changes In legal mans by wove. change oMer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me more. other than legal terms, including additions to or deletions form the quantities originally ordered in The specifications or drawings, by vedral or written change order. If any such change aRecis the amount due or elm time ofped'opance hereunder, an equitable mljmmstmrnt shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrinen change mdcr, terminate This agreement as to my or all pompons of the goods then not shipped, subject to my quotable subtropical between The panic as to any walk or materials then in progress provided that the Purchaser shall nor he liable for any claims for anticipated profits on The uncompleted portion of The goods andh r work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which ore the Sellers standard stock. No such panto alion shall relieve the Purchaser or the Seller orally of Their obligations as to only goods delivered Mreumkr. ). CLAIMS FOR ADJUSTMENT. Any claim for adjatm.t most be Named within thirty (30) days from the date The change or tepimtion h ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have bear produced, sold, delivered and famished in strict compliance with all applicable Incas and regulations to which the goods sere subject. The Seller shall execute and deliver such documents as may be required to en'ed or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are harry incorporated herein by this reference. The Seller agrees to indemnity and hold The Purchaser hapless form all costs and damages suRae l by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pang shall assign, transfer, or convey This water, or my moms, due .,,a become due barracuda without The prior canna comen, of the other party. 10. TITLE. The Seller warrants full, clear and unnewma ed tide to the Purchases for all equipment, materials, and items frmishcd in performance of this agreement, Gee and clear of any and all lima, resonant., reservations, woun y inter., dUuubmnces and claims rothers. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, Trademark r copyright, the Seller shall indemnify and save hapless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with The contact, and shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of sun infringement at any time during The pmsaution or after the completion of the work. In case said equipment, or my pan fwgf or the intended nor of the goods, is in such suit Mid or corelitum infringement and the use of said equipment or part is rejoined. the Seller shall, or its own expense and at its option, either procure for The Purchaer the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it bccoma noninfringing. 15. INSOLVENCY. If The Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint e morill or poster for any of the Sellers proper, forthwith business, this order may fowith be canceled by the Prichard without liability. 16. GOVERNING LAW. The definitions aftemu used or the interpretation i f the agr.ment and fc rights of all ponies hereunder shall he .nstral wrier and govemed by the laws ofthe State ofColoradt, USA. The following Additional Conditions apply only in asses where the Seiler is to perform work hereunder, including The services of Sellers Represenmical), on The premises ofofers. IZ SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own ask until The same is fully completed and incepted, and shall, in m of my accident, destruction or injury to the work andtor pamas Mfore Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials and equipment are funthhed by mount for installation or erection by the Seller, The Seller shall receive, reload, store and handle same at the site and become responsible governor as Though such materials and/or equipment were being fin nuhed by face Sella mailer the order. ISINSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, Is its employees employed oa or in connection with the work covered by this purchase order, mdlJor to their dependents in accordance with the laws of the slate m which the work is to be as. The Seller shall also early comprehensive general liability including, but as limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for my one person. $500,000 for my orm accident and property damage limit Per accident of 5400,000. The Sella shall likewise require his mtuctom, if my, to provide for such comperssention and announce. Before my argue Sellers or his contractors employees shall do any work upon the premiss of others, The Seller slmdl firm sh The Pmvch+ ^ xiTh a certifimte Out such compensation and announce have been provided. Such cenifirsta shall specify The date when well ompoid ation and insurance have been provided. Such certificates shall specify, the dam when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall M maintained until after the .,ire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resources the entire responsibility and liability for any and all damage, lose or injury army kind or reline whatsoever to persons in property mused by or resulting form the..ution offe work provided for in this purchase oMer or in correction herewith. The Sella will indentrup, and hold hapless the Purchaser and my or all of the Purchasers officers, agents and employees firm not agaVmsl my and all claims, lases, dami charges or expenses, whether do. or TrairtcL and whefrT to persons or proprny,o which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on de pan of the Seller, any of his contractors, or my of the Sellers or contractor, olRcers, agents or employees. In cup my .it or other proceedings shall M brought against The Purchaser, or its olfires, agents or employees al my time on account or by reason of any act, action, added, omission or default of the Sella of any of his compazmrs or my of its or their officers, agents or employees N aforesaid, the Seller hereby agrees to assume the defense thermf and to defend the same at the Sellers own expense, to pay my and all casts, charges, amnmeys fees and other expenses, my and all judgments that may be incurred by or obtained against The Purchaser or any of its or Their officers, agents or employees in such suits or other pr.eedings, and in case judgment or other Jim he placed upon or abused agaim, the propcny of the Purchaser, or said parties in or as a caul, of such suits or .the, pmprea s, the Sella will in ore tame the on to be dicsolvW end discharged by Hiving bood or ogerwise. The Seller and his contractors shall take all safety pmwtions, famish and irsstall ell gird necasury for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 am all ales and Ngulatioras issued pursllm, themo. Revised 07I2014